WallDockDeck
Bay Harbor Islands · Miami-Dade County

What are the deck setback and railing rules in Bay Harbor Islands?

5 ftfrom the seawall for water-side pools; pool decks 5 ft from side/rear lines

Bay Harbor Islands lets a pool sit on the water side of a waterfront lot only if it is no more than 2 ft above finish grade and at least 5 ft from the seawall. No dock or deck may bear on the seawall or its cap unless a licensed engineer certifies the loads.

Source: Town of Bay Harbor Islands Code Secs. 23-12, 23-11 (Supp. 10 Update 2); Florida Building Code, Residential, 8th Ed. (2023) R312.1.1-R312.1.3 (ICC Digital Codes) · Verified 2026-10

The detail

Water-side poolsOn waterfront lots, pools, hot tubs and spas on the side that abuts the water must not exceed 2 ft above finish grade and must not be closer than 5 ft to the seawall. Code Sec. 23-12.
Pool decksNo part of a pool or spa deck closer than 5 ft to a side or rear lot line or in the minimum front setback; deck plans and a material sample need town manager or design review board approval. Sec. 23-12.
Loads on the seawallNo dock or deck may bear weight on the seawall or seawall cap unless a licensed professional engineer presents vertical and lateral calculations. Dock decks may not be higher than the seawall cap, except up to 6.5 ft above mean sea level when deck material is carried across the cap. Sec. 23-12.
Open-air structuresOn West Island waterfront lots, canopies, thatched huts, cabanas and gazebos may come no closer than 5 ft to the lot line or the seawall, with design review approval. Sec. 23-12.
Views and gradeFences, walls and hedges in the rear setback to the seawall must be at least 75% see-through; finished grade may not be raised above base flood elevation. Front terraces max 2 ft above grade, railing max 3 ft above the terrace. Sec. 23-12.
Block 23 waterfront rear setbacksLots 29-95: 40 ft from the outside bulkhead wall; Lots 1-28 and 96-104: 25 ft. Sec. 23-11.
Guards (state rule)Florida Building Code, Residential, 8th Edition (2023), Sec. R312.1.1-R312.1.3: a guard is required on open sides of a walking surface located more than 30 inches above the floor or grade below at any point within 24 inches of the open edge; it must be at least 36 inches high; openings must not let a 4-inch sphere pass. No local guard amendment was found in this city's code.

Your city's height sheet

The elevation your city requires, the datum it is measured in, and the section of code that says so. One page.

Available for the cities whose rule we have verified and sourced.

Done — it is on the way to your inbox. Not there in a minute? Check your Promotions or Spam folder, and move it to your inbox so the next ones arrive.

The county rule behind this

What applies across Miami-Dade County, and where each city departs from it.

The same question, nearby

The rule changes at the city line, not the county line.

Other questions about Bay Harbor Islands

Twelve signs a seawall is failing

What to look for, where to look for it, and what it means when you find it. Walk your wall in twenty minutes.

A screening sheet for owners, not an engineering inspection.

Done — it is on the way to your inbox. Not there in a minute? Check your Promotions or Spam folder, and move it to your inbox so the next ones arrive.